Arguments For And Against The Exclusionary Rule Essay

820 Words Jan 18th, 2016 4 Pages
Question 1: Discuss the arguments for and against the exclusionary rule. Be sure to provide examples and explain your position on the exclusionary rule.

Answer: The exclusionary rule is “A judicial rule that makes evidence obtained in violation of the U.S. Constitution, state, or federal laws, or court rules inadmissible” (Gardner & Anderson, 2016, p. 214). As a part of the exclusionary rule, there is a doctrine called the fruit of the poisonous tress, also known as derivative evidence (Gardner & Anderson, 2016). The fruit of the poisonous tree rule excludes evidence that is collected indirectly during police misconduct (Gardner & Anderson, 2016). Such evidence will be excluded as a result of this doctrine if the evidence illegally collected leads to “other evidence that otherwise would not have been found,” “a witness who otherwise might not have been found,” or “a confession or incriminating admission that would not have been made if the suspect or defendant had not been confronted with the tainted (soiled) evidence” (Gardner & Anderson, 2016, p. 218). For example, if police officers were to go into a house without a warrant, and obtain a piece of evidence, such as a person’s phone number, which led to more evidence could be found a inadmissible because the additional evidence would not have been found without the phone number found (Gardner & Anderson, 2016). There are a few exceptions to the exclusionary rule, including the independent source doctrine the inevitable…

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